We are sorry, the requested page does not exist
Addressing vote-buying
It seems that the present Commission on Elections is not running out of ideas on how to effect reforms. It is not “sleeping on their post” as sentinels used to say. It continues to pursue changes in the electoral landscape unmindful of negative social and political headwinds. I just wrote about its speedy action of placing Malabang, Lanao del Sur under Comelec control because of the indiscriminate firing of guns on the first day of filing of certificates of candidacy. Now, it’s tackling the mother of election irregularities — vote buying and vote selling. This illegal practice is anti-democratic. It continues to be the bane of elections. It restricts one’s freedom to choose one’s leaders. That it thrives as endemic in a political milieu like the Philippines is a testament to how difficult life is for the common people. Financial need, especially for those on the margins of society, is so chronic that people are willing to sacrifice their basic freedoms to make ends meet. This is a problem almost beyond solution because of the difficulty of punishing the wrongdoers, both the buyer and seller. We have laws punishing it but prosecutors can only build a case against a suspect with the participation of at least one of the accomplices to the crime. And who would want to testify against oneself unless immunity is assured? And so, we see a mockery of the law. No one gets jailed for violating it. The proactive Comelec comes now with a bagful of measures to combat the anomaly. It has created a special group, the Committee on Kontra Bigay, to address the problem and it is helmed by a no-nonsense reformist, Commissioner Ernesto Maceda Jr., the namesake of a great and astute statesman who served the country in various capacities for decades. I say he is the right choice, not only because of the reputation he has built, but more so because of the weight of the name he carries which he would not want to taint with a whiff of wrongdoing. The Commission has listed a litany of prohibitive acts associated with vote-buying. It’s too long to list in this limited space. But on top of these are acts and activities “presumed” to be illegal because they lead to the commission of the crime. These include “possessing or delivery of... monies or anything of value together with sample ballots or other campaign materials... queues of registered voters for the distribution of money... and such other goods... employing the hakot system or the gathering of two or more registered voters in a specific place before election day and on election day ...prohibiting the possession... carrying of cash exceeding P500,000 along with campaign paraphernalia two days before an election and on election day... an ‘ayuda’ ban except that which is normally given to qualified individuals...” It also created the Kontra Bigay Complaint Center which will receive complaints of vote-buying. For human rights guardians, consider this: the Comelec allows “warrantless arrest wherein any law enforcement officer may, without a warrant, arrest a person when in his or her presence, the person to be arrested has committed, is committing, or is attempting to commit the election offense of vote-buying.” Wow! A case arising out of these acts is fertile ground for legal hermeneutics. Any two-bit lawyer can find a “palusot” in this scenario. It may be extremely difficult to prove all these by evidence but it’s surely a theoretical force to deter the commission of the crime. And let it not be said that the present Commission did not lift a finger to combat this perennial problem which everyone talks about but was never addressed by past commissions. For this reason, the present Commission deserves our appreciation for a bold ambitious move. amb_mac_lanto@yahoo.com The post Addressing vote-buying appeared first on Daily Tribune......»»
600 checkpoints net over 15 Comelec gun ban violators: PNP
Around 15 persons have been apprehended since the start of the Commission on Elections' gun ban on Monday during the first day of filing of the certificate of candidacy for the Barangay and Sangguniang Kabataan Elections, Philippine National Police chief Gen. Benjamin Acorda Jr. said on Tuesday. Acorda said since implementing the gun ban, 15 firearms have been confiscated from more than 600 checkpoints nationwide. The establishment of checkpoints was carried out under Comelec Resolution No. 10924 to effectively implement the ban on firearms and other deadly weapons during the 90-day election period from 28 August to 29 November. The resolution prohibits the bearing, carrying or transporting of firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, or even if licensed to possess or carry the same, unless authorized by the Comelec. Acorda also said he has ordered a probe and has a person of interest in the incident that happened in Libon town in Albay where the victim Alex Repato, reelectionist captain of Barangay San Jose, was shot dead by still unidentified assailants in his residence at around 5 p.m. Monday, just hours after he filed his candidacy. “It is unfortunate in Albay we have one case of shooting but we already have a person of interest there and tinututukan ng ating kapulisan. What happened in Albay is election-related but I want to get first 'yung talagang official result of the investigation,” Acorda said on the sidelines of the National Capital Region Police Office's commemoration of its 122nd Police Service anniversary at Camp Bagong Diwa, Bicutan Taguig City. Addressing the event, Acorda lauded the NCRPO's dedication to the PNP's agenda, which includes the relentless pursuit of justice, commitment to excellence and fostering deep connections with the communities under their care. He extended his congratulations and recognition to the men and women of the NCRPO for their invaluable contributions to upholding the rule of law and ensuring the safety and security of the nation's capital. The ceremony was also marked by the presentation of awards to outstanding officers and units within the NCRPO. The awards recognized excellence across various categories, including community engagement, crime prevention and exceptional acts of valor. The NCRPO's Northern Police District, Eastern Police District, Manila Police District, Southern Police District and Quezon City Police District were feted for their outstanding contributions. The post 600 checkpoints net over 15 Comelec gun ban violators: PNP appeared first on Daily Tribune......»»
Comelec warns vs premature campaigning in barangay, SK polls
The Commission on Elections yesterday repeated its warning to all candidates in the Barangay and Sangguniang Kabataan Elections to refrain from premature campaigning. The warning was aired by Comelec spokesperson Atty. John Rex Laudiangco during the Laging Handa press forum yesterday. Ladiangco said once the certificate of candidacy is filed, the person is already a candidate and all the prohibitions will apply, particularly those on premature campaigning. All tarpaulins or posters of a candidate, even without the “vote” exhortation, are not allowed and will be taken down, while the candidate may face sanctions. Ladiangco said that based on the 2004 Supreme Court decision Chavez versus Comelec, posters with a picture or face of the candidate, caricature, resemblance and name but with no "vote" printed is still an indirect solicitation of votes and is considered prohibited. Laudiangco also mentioned another SC ruling in the case of a subject who conducted a motorcade when he went to the poll body’s office to file his candidacy. At that time, he was not yet a candidate. But when he filed the document, he already became a candidate and thus the motorcade was prohibited because it falls under indirect campaigning under Section 18 of the Omnibus Election Code. The post Comelec warns vs premature campaigning in barangay, SK polls appeared first on Daily Tribune......»»
House calls for special poll to fill Teves’ seat
The House of Representatives on Tuesday adopted a resolution requesting the Commission on Elections to hold a special election to fill the vacancy that expelled lawmaker Arnie Teves left in the chamber. Filed by Speaker Martin Romualdez, who has served as the temporary legislative caretaker of the Negros Oriental, and two other House leaders, the lower chamber adopted House Resolution 1212, seeking to fill Teves' seat. The proponents stressed in the resolution that the vacancy "has left the constituency of the Third Legislative District of the Province of Negros Oriental without representation in the House of Representatives of the Congress of the Philippines." Owing to his "disorderly behavior" and violation of the Code of Conduct of the House of Representatives, the House expelled Teves last Wednesday with 265-0-3 votes. According to the House leaders, the prolonged vacancy of Teves' seat invoked Section 9, Article VI of the Constitution, which provides that "In case of vacancy in the Senate or the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law." However, under the Constitution, the elected senator or House member "shall serve only for the unexpired term. In accordance with Republic Act 6645, the Comelec, upon receipt of a resolution of the Senate of the House of Representatives, shall hold a special election to fill such vacancy. Comelec chairperson George Garcia had previously said the poll body was geared up to conduct a special election if requested by the House. “If we will be directed… we will comply with haste,” Garcia said. The Comelec is set to receive a copy of the House-resolved resolution. The post House calls for special poll to fill Teves’ seat appeared first on Daily Tribune......»»
Comelec: 10 EMBO barangays now part of Taguig for BSKE
Comelec has ordered its law department to, among others, develop a legal strategy to make the Makati LGU allow the use of schools in the 10 barangays as voting centers "in case the LGU of Makati refuses the use thereof.".....»»
COMELEC chair issues warning against premature campaigning
Commission on Elections chairperson George Garcia on Sunday warned would-be candidates for the upcoming Barangay and Sangguniang Kabataan elections on 30 October 30 about engaging in premature campaigning. During a radio interview on DZBB, Garcia said that since it is not yet the official campaign period, any actions taken by potential candidates could result in legal action. He also urged voters to report any BSKE candidates who begin campaigning prior to the start of the official campaign period on 19 October. According to Garcia, the filing of certificates of candidacy (COC) for the 2023 BSKE will be from 28 August to 2 September, while the campaign period will run from 19 to 28 October. "Currently, the COMELEC has no power. They should wait for August 28 and when someone files a case before us. Do you want to have disqualification cases or face a criminal case with up to six years in prison?" Garcia said. "Let’s monitor the situation on our own. File a complaint to us at the COMELEC," Garcia added, urging citizens to help the commission rid of irregularities during election periods. Garcia earlier said that COMELEC's efforts to combat premature campaigning also involve the possibility of a "warrantless arrest" for individuals caught participating in vote-buying or vote-selling. According to the COMELEC chair, those who will file their COCs will be considered candidates for the BSKE set on 30 October. Thus, Section 80 of the Omnibus Election Code, which pertains to premature campaigning, will already be applicable to them. Section 80 of the Omnibus Election Code states that “it shall be unlawful for any person, whether or not a voter or candidate, or for any party, or association of persons, to engage in an election campaign or partisan political activity except during the campaign period.” Garcia urged Filipinos not to vote for candidates who violate the law. "Why would you vote for people who do not obey the law? If they are no longer following the law even if they’re just candidates, what more when they’re elected? They will only violate our laws and what will happen to our nation then?" Garcia asked. Garcia said people could document evidence against those who will do premature campaigning in their respective areas, and forward them to local COMELEC offices. He also stressed that complainants should testify to prove their claims. The post COMELEC chair issues warning against premature campaigning appeared first on Daily Tribune......»»
Teves,12 others tagged terrorists
The Anti-Terrorism Council or ATC has designated Negros Oriental Rep. Arnolfo “Arnie” Teves Jr. as a terrorist for allegedly masterminding the assassination of Gov. Roel Degamo last 4 March, which also resulted in the deaths of nine others. The ATC named the congressman, who had gone into hiding, as the leader of the Teves Terrorist Group, which allegedly included as members his younger brother, Pryde Henry Teves, and purported bagman Marvin Miranda. Pryde was unseated by the Commission on Elections after a recount of the votes cast in the 2022 Negros Oriental gubernatorial election showed that Degamo had won. Degamo was killed in a commando-style attack at his residential compound in Pamplona town. The slain governor’s wife, Janice, is the mayor of Pamplona. The assault happened just weeks after the Supreme Court upheld the Comelec’s proclamation of Degamo as governor. Also tagged as terrorists were Nigel Electona, Tomasino Aledro, Rogelio Antipolo, Hannah Mae Oray, Rommel Pattaguan, Winrich Isturis, John Louie Gonyon, Dahniel Lora, Eulogio Gonyon Jr. and Jomarie Catubay. In a three-page resolution dated 26 July and signed by Executive Secretary Lucas Bersamin that was released yesterday, the ATC said Pryde and Electona “provided material support” to Teves in furtherance of his alleged terrorist activities. “Investigation also revealed that Hannah Mae Sumero Oray handled the operational funds for the killings while Marvin H. Miranda acted as organizer and recruiter of personnel for specific terrorist attacks,” the ATC said. In April, Justice Secretary Jesus Crispin Remulla revealed the government’s intention to designate Teves as a terrorist, saying that his group’s alleged “activities that led to the killings are all covered by the Anti-Terror Law, [including] the recruitment, financing, purchase of firearms, and their distribution.” In hiding Teves has refused to come home after being located last in Timor-Leste, claiming his life was in danger. There was talk he was already in the Philippines under the protection of a former high government official. The House of Representatives had twice suspended Teves for refusing to heed Speaker Martin Romualdez’s plea to come home to face the charges against him. The Philippine National Police had filed a separate complaint against Teves before the Department of Justice last March over the alleged political killing of three other persons in Negros Oriental in 2019. A Degamo lawyer said the Teveses could be linked to as many as 60 killings in Negros Oriental. In reaction, Pryde said in a radio interview that his lawyers would appeal the ATC resolution. He expressed dismay that his right to travel and earn a livelihood would be affected by the order. Saying he would not leave Negros Oriental despite the tagging, the younger Teves said he would be the last to resort to terrorism because he had been a victim of violence. Meanwhile, Ferdinand Topacio, a lawyer of Congressman Teves, lambasted the ATC whose order, he said, demonstrated the government’s prejudgment of the case and “desperation” to take his client into custody. “Since day one of the Degamo killing, the government has mobilized all the resources at its disposal, starting with immediately tagging Teves as the mastermind thereof without investigation, conducting illegal searches on his properties, laying siege to his powers and prerogatives as a member of the House, embarking on a massive media campaign to discredit him and prejudice the minds of the public against him, among other things, all in an obsessive attempt to blame him for a crime at the expense of his constitutional rights,” Topacio said. Topacio questioned why the government had to use the ATC against Teves, in a case for which the Anti-Terrorism Law of 2020 was not “designed.” “The agencies of government, having eggs on their faces due to the recantation of all the key witnesses, the lack of evidence against Representative Teves, the public backlash against his obvious persecution, and the embarrassing failure of the authorities to bully him into returning to the country in spite of grave and serious threats to his life has expectedly weaponized the Anti-Terror Act by using it for the purpose for which it was not designed,” he said. When it was first floated that Teves would be tagged as a terrorist, he posted a video of himself wearing Muslim garb and laughing. The post Teves,12 others tagged terrorists appeared first on Daily Tribune......»»
Romualdez swears in Tulfo as House member
Former Social Welfare Secretary Erwin Tulfo formally took his oath before Speaker Martin Romualdez on Monday as the newest member of the House of Representatives. Tulfo replaced Jeffrey Soriano of the ACT-CIS Partylist, who resigned as its third nominee on 22 February without disclosing the reason for his departure. Tulfo was sworn in at the plenary hall during Monday’s session, accompanied by other ACT-CIS Representatives, Jocelyn Tulfo and Edvic Yap. The erstwhile DSWD chief made it to the House after the Commission on Election’s Second Division on 30 May elevated to the En Banc the disqualification case against him. The Comelec, on 20 July, issued a certificate of proclamation to Tulfo, who was named ACT-CIS’ third nominee. He was initially the fourth nominee on the list submitted to the poll body. The ACT-CIS Partylist mustered 2.1 million votes in the May 2022 polls and won three seats in Congress. Before assuming his post as a lawmaker, he first served as DSWD chief after President Ferdinand Marcos Jr. appointed him in May 2022. The powerful Commission on Appointments bypassed him twice over citizenship issues, and a libel conviction, the latter a crime that, his critics say, should have barred anyone from holding public office, whether elective or appointive. Tulfo was replaced by Rex Gatchalian, the erstwhile lawmaker of Valenzuela, at the DSWD. The newly minted lawmaker, a brother of Senator Raffy Tulfo, thanked members of the House. He pledged to Romualdez his “full support” for the current House leadership, “particularly, for its dedication to advancing important legislation.” “The current leadership in Congress is essential for the progress and well-being of our nation,” he said. The post Romualdez swears in Tulfo as House member appeared first on Daily Tribune......»»
Erwin Tulfo takes oath as newest House member
Former Social Welfare Secretary Erwin Tulfo formally took his oath before Speaker Martin Romualdez on Monday as the newest member of the House of Representatives. Tulfo replaced Jeffrey Soriano of the ACT-CIS Partylist, who resigned as its third nominee on 22 February without disclosing the reason for his departure. Tulfo was sworn in at the plenary hall during Monday's session, accompanied by the other ACT-CIS Representatives, Jocelyn Tulfo and Edvic Yap. The erstwhile DSWD chief made it to the House after the Commission on Election Second Division on 30 May elevated to the en banc the disqualification case against him. The Comelec, on 20 July, issued a certificate of proclamation to Tulfo, who was named ACT-CIS’ third nominee. He was initially the fourth nominee in the list submitted to the poll body. The ACT-CIS Partylist mustered 2.1 million votes in the May 2022 polls and won three seats in Congress. Before assuming his post as a lawmaker, Tulfo first served as DSWD chief after President Ferdinand Marcos Jr appointed him in May 2022. The powerful Commission on Appointments bypassed him twice over citizenship issues and his libel conviction. He was replaced by Rex Gatchalian, the erstwhile lawmaker of Valenzuela, before being appointed to lead the DSWD. Tulfo thanked the members of the House and Romualdez and vowed that he would send his "full support” to the current leadership, “particularly for their dedication to advancing important legislation.” "The current leadership in Congress are essential for the progress and well-being of our nation," he said. The post Erwin Tulfo takes oath as newest House member appeared first on Daily Tribune......»»
Comelec debunks ‘rigged’ 2022 polls claim
Commission on Elections chairperson George Garcia branded as lies the claims that the 2022 election was rigged. He said the allegations made by former Information and Communications Technology Undersecretary Eliseo Rio Jr. that the voting was rigged had no basis. “In all of this, the strong basis for the accuracy, integrity, and legitimacy of the elections is the ballot. Let us set aside the printed copies and electronically transmitted election returns. We can go back to the ballots which are in the custody of the city and municipal treasurers nationwide and the secured scanned images which are at the Comelec,” Garcia said. He added that the random manual audit of votes counted by the machines against the Comelec’s random manual audit posted a 99.9493-percent overall accuracy rate, meaning that nearly all of the votes were read and tallied correctly. Rio, in particular, had raised concerns about the transmission of results from “private and similar IP addresses” in Metro Manila, Cavite, and Batangas following last year’s polls. “There’s no requirement in the law stating that all modems should have different or similar IP addresses,” Garcia said. The poll chief explained that there were around 20,300 modems with the same IP address last year. The 4G network modems, he said, were purchased for the Comelec-leased vote counting machines as well as to cover the 5,000 damaged modems from VCMs purchased in 2016 that were refurbished for last year’s polls. All the modems, he said, underwent the necessary tests but noted that it would have taken the Comelec many more months if it opted to change all the IP addresses of the 20,300 modems. “There’s no effect or difference in accuracy, legitimacy, and functionality of transmission, whether the modems have similar or different IP addresses,” Garcia said. He also refuted allegations of a “man-in-the-middle” in the transmission of national and local election results and said that if this was the case, there should have been inconsistencies in the results. He said there was no intermediary or man-in-the-middle in the transmission of NLE 2022 results because the results from the polling precincts were accurate and tallied with the results transmitted to the Comelec servers. The post Comelec debunks ‘rigged’ 2022 polls claim appeared first on Daily Tribune......»»
Poll chief Garcia debunks ‘rigged’ 2022 polls claim
Commission on Elections chairman George Erwin Garcia debunked the claims made questioning the results of the 2022 elections are all lies. Garcia said allegations made by former Department of Information and Communications Technology Usec. Eliseo Rio Jr. about the rigging of votes has no basis. “In all of these, the strong basis is the accuracy, integrity, and legitimacy of the elections is the ballot. Let us set aside the printed copies and electronically-transmitted Election Returns, we can go back to the ballots which were in the custody of the city and municipal treasurers office nationwide and the secured scanned images which are at the Comelec,” said Garcia. He also pointed out that the random manual audit of votes counted by the machines against the Comelec’s random manual audit posted a 99.9493% overall accuracy rate, meaning nearly all of the votes were read and tallied correctly. Rio in particular raised concerns about the transmission of results from a "private and similar IP address" in areas of Metro Manila, Cavite, and Batangas in last year's polls. "There's no requirement in the law stating that all modems should be different or similar IP addresses," Garcia said. The poll chief explained that there were around 20,300 modems which have the same IP address last year. These 4G network modems, he said, were purchased for the Comelec-leased vote counting machines as well as to cover the 5,000 damaged modems from VCMs purchased in 2016 and were later refurbished for last year's polls. Garcia assured that all these modems underwent necessary tests but noted that it would take the Comelec more months if it opted to change all IP addresses of the 20,300 modems. "There's no effect or difference in accuracy, legitimacy, and functionality of transmission, whether the modems have similar or different IP addresses," Garcia said. Garcia also refuted allegations of a "man-in-the-middle" in the transmission of NLE results and said if this was the case, there should have been inconsistencies in the result. He said the is no intermediary or man-in-the-middle in the transmission of NLE 2022 results because the results from the polling precincts are accurate with the results transmitted to Comelec servers. The post Poll chief Garcia debunks ‘rigged’ 2022 polls claim appeared first on Daily Tribune......»»
COMELEC: P2B unliquidated 2022 expenses down to P717M
The Commission on Elections on Monday reiterated that the unliquidated cash advances of more than P2 billion the Commission on Audit had flagged were down to P717 million as of 12 July 2023. At the weekly Laging Handa press briefing Comelec spokesman Atty. Rex Laudiangco said the liquidation of cash advances is continuing process done by the election officials who incurred the expenses during the last national and local elections in 2022. In its 2022 annual report, COA noted that the poll body’s cash advances granted to accountable officers jumped from P380 million to P2.089 billion in a span of a year. Laudiangco, however, said most of the accountable officers have already submitted liquidation reports showing that the funds were used for command conferences, teachers' trainings as election officers, accommodations and honoraria of electoral boards. "At kung hindi man po maili-liquidate ay naku, mapipilitan pong magsampa ang Comelec ng mga kinauukulang kaso sa mga tao po na tumanggap ng mga cash advances na iyan. In both instances, maibalik, mai-liquidate, masampahan ng kaso, sisiguraduhin po ng Comelec na accounted for po ang lahat ng iyan ( If they cannot liquidate those advances, Comelec has to slap them with administrative cases. The funds will be liquidated, and if not, cases will be filed against those who failed to do so. Comelec will ensure that these funds are all accounted for in the end)," Laudiangco said. He added that a total of P1.34 billion had been liquidated so far and the remaining over P700 million balance is still being documented based on expenditures incurred during the 2022 polls. 'Ito naman po ay recorded sa Comelec, at natukoy na po namin ang lahat ng tao na responsable dito. May direkta na pong demand letter na ipinadala sa kanila. At iyong demand letter po ay may kaakibat na aksyon iyan: Kailangan ma-liquidate nila, lahat po iyan ay mai-submit ang dokumento, otherwise, kasunod po iyong dalawang bagay -- una, pagwi-withhold ng kanilang salaries at benefits; ikalawa, kapag hindi pa rin po umubra iyon, iyong pagsasampa po ng kaso patungkol sa unliquidated cash advances (These are all recorded by the Comelec and we already know the people who still have to submit their liquidation reports. Demand letters were already sent to them, and the results may be two-fold -- first, we may withhold their salaries and benefits, and second, a case will be filed against them over their unliquidated cash advances," said Laudiangco. The post COMELEC: P2B unliquidated 2022 expenses down to P717M appeared first on Daily Tribune......»»
NegOr polls deferment still in limbo
The Commission on Elections on Sunday revealed that the decision on whether to postpone the Barangay and Sangguniang Kabataan elections in Negros Oriental or not will still take time to process. Comelec chairperson George Erwin Garcia said that ahead of the scheduled public consultations on the proposed postponement of elections in the province this week, they will also hold consultations with other stakeholders, possibly pushing the schedule of the decision even close to the elections on 30 October. “We will not immediately decide on this after the public consultations there. We also have to follow other processes at the national level, such as consultations with citizens’ arm and stakeholders,” Garcia said. “If you’ll ask me, it may happen in the last week of September to the first week of October,” he added. To recall, the poll body on Thursday released a schedule of 25 simultaneous public consultations on the proposed postponement of the polls in Negros Oriental. The scheduled public hearings have been divided in five clusters, each with public consultations in five cities and municipalities. However, a total of ten events will be held each day on 27 and 28 June and five on 29 June. In this case, the Comelec has scheduled a public consultation in Canlaon City, Vallehermoso, Tayasan, Ayungan, Bais City, Pamplona, Sibulan, Dumaguete City, Zamboanguita and Siaton on 27 June. Residents of Guihulngan City, La Libertad, Bindoy, Manjuyod, Tanjay City, Amian, Valencia, Bacong, Santa Catalina and Bayawan City are also expected to join in their respective public hearings on 28 June. On the last day, 29 June, the Comelec will hold consultations in Jimalalud, Mabinay, San Jose, Dauin and Basay. Comelec spokesperson John Rex Laudiangco told Daily Tribune in a message on Sunday that Garcia will be present in a public consultation at Lamberto Macias Sports Complex in Dumaguete City on Tuesday afternoon. Garcia will be joined by Armed Forces of the Philippines Chief of Staff General Andres Centino and Philippine National Police chief Police General Benjamin Acorda Jr. The Comelec chair also revealed that they have yet to receive the petition from governors from the Bangsamoro Autonomous Region in Muslim Mindanao to declare postponement of the barangay and SK polls until the completed withdrawal of Moro Islamic Liberation Front combatants. “I have read in periodicals that Bangsamoro governors want to postpone the BSKE in their region. If we ever receive their petition, this will be subjected to appropriate processes,” Garcia said. He reminded other sitting public officials and stakeholders of the provisions of Section 5 of the Omnibus Election Code which provide the basis for a declaration of postponement in an area in the country. The said provision in the OEC states that a postponement is warranted if there exists “violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision” in a certain area. “We don’t want to create an ugly precedent that we will declare a postponement just because of the calls of the few, then others will call for that in the future, then everyone will just call for a postponement,” Garcia said. “Remember that the election is included in our law, and the Comelec is the implementer of the law. As much as possible, we will implement, at all costs, the provisions of the law,” he added. The post NegOr polls deferment still in limbo appeared first on Daily Tribune......»»
Comelec: No extension to SoCE turnovers
The Commission on Elections on Thursday stressed that there should be no extensions in the filing of Statements of Contribution and Expenditures, which is a detailed document of all the contributions and expenditures made by certain candidates during the election campaign. This comes after the Supreme Court ruled against the poll body’s 2016 resolution that stretched the deadline on the filing of SoCEs from 8 to 30 June 2016, right after the 2016 national and local elections, saying that the poll body has committed grave abuse of discretion over the said resolution. “No extensions now on all our deadlines except in highly meritorious circumstances,” Comelec chairperson George Erwin Garcia said. Under Section 14 of the Republic Act 7166 — which was approved back in 1991 — candidates and treasurers of political parties must file their SoCEs “within 30 days after the day of the election.” The said provision barred elected officials and political parties of winning candidates to assume positions without the filing of SoCE, with penalties on the first offense between P1,000 to P30,000 and on the second offense between P2,000 to P60,000, as well as prohibition in assuming public office. The resolution in question — Resolution 10147 — said that the extension of the deadline was due to, among other things, “several requests,” as well as previous rulings that compel the poll body to extend the deadline on the filing of SoCEs both after the 2010 and 2013 elections. Comelec also argued that the extension would help in their probes on possible election overspending. “The simple expediency of not accepting the SoCE if filed beyond the deadline and just imposing a fine is in effect throwing away the evidence of any infraction of the campaign finance rules and unwittingly assisting in hiding the evidence,” the poll body said. However, the Supreme Court argued that such actions “effectively condoned erring candidates and political parties from administrative liabilities, even if the law does not provide any exempting circumstance.” Meantime, the Partido Demokratiko Pilipino Lakas ng Bayan expressed its gratitude to the Supreme Court for taking the party’s position that the Comelec committed grave abuse of authority in granting extensions on the filing of SoCEs. PDP Laban president and Palawan Representative Jose Alvarez said that the High Court’s decision vindicates the party’s decision in June 2016 to challenge Comelec resolution which granted the extension on the filing of SoCE that favored the Liberal Party and its candidates. The Comelec has recognized in a final and executory decision the PDP Laban led by Party chairman Rodrigo Duterte and Party president and Representative Alvarez as the true and legitimate PDP Laban. “We thank the Supreme Court En Banc for taking PDP Laban’s position in this landmark case and we also welcome the statement of the Comelec that it will no longer grant extensions on the filings of SoCEs in compliance with the SC’s decision,” said Alvarez. “The Supreme Court decision voiding Comelec Resolution 10147 affirms the provisions of RA 7166 that states that the Comelec is not authorized to extend the deadline for the filing of SoCE or not beyond 30 days after the polls conclude,” he added. “This decision should serve as a warning to all candidates that they should just comply with laws like RA 7166 and not seek exemptions from the Comelec. Based on the law, candidates who fail to file their SoCEs on or before the deadline cannot assume the elected position that they won,” the lawmaker said. The post Comelec: No extension to SoCE turnovers appeared first on Daily Tribune......»»
Gun ban exemption applications kick off
The Commission on Elections will now start accepting early applications for exemptions on the prohibition to carry firearms ahead of the Barangay and Sangguniang Kabataan Elections, which would take effect from 28 August to 29 November. The procedure, which will be done electronically, is intended to avoid delays in the processing of applications and ensuring that exemptions will be given to appropriate individuals. Section 2 of Comelec Resolution Number 10918 states that people without authorization by the poll body, through the Committee on the Ban on Firearms and Security Concerns will not be allowed to “bear, carry or transport firearms or deadly weapons outside his/her residence or place of business, and in all public places (…) even if he/she is licensed or authorized to possess or to carry the same.” In this case, those who wish to apply for an exemption shall file their CBFSC Form Number 2023-01 which, among other things, provide the names of people and the specifications of firearms they have in possession. However, Section 14 of the same resolution provided automatic full exemption to the President and Vice President, members of the Upper and Lower Houses of Congress, members of the national and local courts and the Office of the Ombudsman, high officials of the Armed Forces of the Philippines, the Philippine National Police and officials from Comelec. Yet, the said exemption is granted upon presenting valid licenses, permits and certificate of firearm registration recognized by the poll body. Comelec commissioner Aimee Ferolino previously said that they have not been anticipating mass applications for exemption, adding that there’s no massive threat ahead of the BSKE, which is scheduled on 30 October. The post Gun ban exemption applications kick off appeared first on Daily Tribune......»»
An Waray to counter Comelec decision
The An Waray Partylist will counter the decision of the Commission on Elections to revoke its registration for violating the rules and regulations of the poll body by allowing the group’s then-second nominee to sit as a member of the House of Representatives despite having only one seat in the 16th Congress. An Waray Rep. Florencio Noel told the Daily Tribune that they would exhaust all legal measures and including filing a Motion for Reconsideration within the five-day reglementary period given by the Comelec, which began on Friday, to stave off the ruling from becoming final and executory. The plea was triggered by the Comelec’s cancellation of the group’s registration after it found that the An Waray former representative, lawyer Isabel Noel, sister of the incumbent solon of the partylist, committed an offense when she assumed the post of a lawmaker in the 16th Congress, “knowing ‘full well’ that the Comelec has not issued a certificate of proclamation entitling her to do so,” said the poll body on Friday. “Without a Certificate of Proclamation for its second nominee, An Waray was entitled to one seat only in relation to the 2013 National and Local Elections, thus Atty. Noel’s assumption to office as Representative of An Waray had no legal basis,” the Comelec added. The poll body’s declaration followed a 15-page resolution that granted Jude Acidre and Danilo Pornias’ plea filed in 2019 to void An Waray’s accreditation as a partylist, barring it from further participation in the House. To recall, An Waray, in the 2013 polls, was initially entitled to two seats in the lower chamber after being proclaimed as one of the winners of the partylist race but was subsequently recomputed to be one seat only pursuant to National Board of Canvassers Resolution No. 13-030(PL)/004-14 issued on 20 August 2014. “The recomputation of seats was made following the Supreme Court’s order, in Abang Lingkod Party List vs. Comelec, to proclaim Abang Lingkod party-list as one of the winning party-list groups in the 2013 National and Local Elections with the number of seats it may be entitled to, and in view of the then-pendency of the case of Senior Citizens party-list before the Supreme Court,” it said. Further, the polling organization noted that the 28 May 2013, NBC Resolution 0008-13, which An Waray solely relied on, expressly stated that the initial allocation of seats initially allocated is “without prejudice to the proclamation of other parties, organizations, or coalitions which may later on be established to be entitled to one guaranteed seat and/or additional seat.” Thus, Comelec explained that An Waray “clearly” violated Republic Act 7941 or the Party-List System Act, “by arrogating upon itself the authority” to have the lawyer sit in the 16th Congress without legal basis. Comelec spokesperson Rex Laudiangco on Friday noted that the lower chamber has the jurisdiction to expel any member who fails to continually possess all the qualifications and none of the disqualifications. The post An Waray to counter Comelec decision appeared first on Daily Tribune......»»
Comelec: Tulfo ACT-CIS assumption no problem
The Commission on Elections disclosed on Friday that there would be no problem for Erwin Tulfo to assume the vacant seat of Anti-Crime and Terrorism Community Involvement and Support or ACT-CIS Partylist as their fourth nominee. This comes after the poll body’s Second Division’s junked the disqualification petition filed against Tulfo over “lack of jurisdiction” due to the petition being filed out of the prescribed time by the poll body. “The petition was in fact dismissed, and then at any time, Tulfo can, in fact, ascend to the post, take the oath of office and assume that post,” said Comelec spokesperson John Rex Laudiangco. The petition challenged Tulfo’s assumption of the third ACT-CIS seat vacated by their third nominee, Jeffrey Soriano, who resigned last February. Based on rules of succession, Tulfo, being the fourth nominee in this case, should assume the post. To recall, ACT-CIS led the party-list race in last year’s elections, gaining 2,111,091 or 5.74-percent of the votes, making them the sole party to gain three seats in the 19th Congress. However, Tolentino’s petition raised concerns over Tulfo’s citizenship and previous membership in the United States’ Army, as well as his libel conviction in 2008 on ‘Tulfo v. People of the Philippines.’ In their resolution, the Comelec Second Division argued that the petition for disqualification filed by Atty. Moises Tolentino against Tulfo was long after the proclamation of ACT-CIS and its three seats in Congress on 26 May last year. Laudiangco said that the decision will be deemed final and executory five days after the promulgation – or at 30 April, unless challenged through a motion for reconsideration by Tolentino or if the Supreme Court intervened. “After the lapse of the said period on 30 May, if the petitioner failed to file a motion for the consideration, then the decision will become final and executory, unless of course, [it will be] restrained by the Supreme Court,” said Laudiangco. The post Comelec: Tulfo ACT-CIS assumption no problem appeared first on Daily Tribune......»»
Comelec urged: Probe campaign donors
The Commission on Elections has been urged to investigate campaign donations during last year’s national and local elections following a report from the Philippine Center for Investigative Journalism on Friday which revealed some donations for senatorial candidates that are either from government contractors or that exceeded the prescribed amount of campaign donations as set by the poll body. The report named Senator Joel Villanueva, a candidate at the time, who allegedly received P20 million worth of campaign donations from a company, which has an existing P2.147-billion contract with the National Housing Authority for the ongoing construction of a 19-story building which is valid until 2025. Former Comelec commissioner Luie Guia, who was interviewed by PCIJ in its report, said that the poll body has the power to hold Villanueva’s camp liable over the donation, which is prohibited under Section 95(c) of the Omnibus Election Code. To recall, the provision in the OEC states that “natural and juridical persons who hold contracts or subcontracts to supply the government or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform construction or other works,” are barred from providing campaign donations. “In this case, this is a criminal offense and Comelec is duty-bound to hold those who might have committed violations of the election laws to account,” said Guia. Daily Tribune has reached out to Villanueva’s camp for a comment, but has not responded. The PCIJ also noted some donations that exceed the prescribed limit of five percent of an entity’s taxable income in one tax year, flagging the likes of Creative Pacific Corporation whose ‘in-kind donation’ to senatorial candidate Richard Gordon is six times the allowable limit by the corporation. Daily Tribune has also sought comment from Comelec, but its spokesperson John Rex Laudiangco said that they have already referred it to their Campaign Finance Office. The post Comelec urged: Probe campaign donors appeared first on Daily Tribune......»»
Comelec to adhere SC’s status quo order on Rosal
The Commission on Elections on Thursday said that it will comply with the Supreme Court’s Status Quo Ante Order decision that effectively reinstates Carmen Rosal as mayor of Legazpi City, Albay a day after the poll body certified her disqualification as “final and executory.” “The Commission on Elections, through the Clerk of the Commission, received from the Supreme Court its Status Quo Ante Order in the Carmen Rosal Disqualification Case. As we have consistently committed, the Commission on Elections will abide by and comply with any order, ruling or directive of the Highest Court of our Land,” Comelec spokesperson John Rex Laudiangco said. Comelec’s statements come as the Supreme Court acted on the two petitions for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court assailing the Comelec resolutions that disqualified Rosal as candidate for mayor of Legazpi City, Albay in the 2022 polls. The assailed resolutions — dated 4 October 2022 and 4 May 2023 in SPA 22-032 (DC) — directed the Special City Board of Canvassers of Legazpi City to proclaim second placer Alfredo A. Garbin Jr. as the duly-elected mayor of Legazpi City. The SC en banc — in its Status Quo Ante Order dated 11 May 2023 given by authority of Acting Chief Justice Marvic M.V.F. Leonen, upon the written recommendation of the Member-in-Charge — deemed it necessary and proper to consolidate the two petitions docketed as G.R. 266775 (Oscar Robert H. Cristobal v. Comelec, Alfredo A. Garbin, Jr., Joseph San Agustin Armogila, and Carmen Geraldine Rosal) and G.R. 266796 (Carmen Geraldine Rosal v. Comelec, Joseph San Agustin Armogila, Alfredo A. Garbin Jr. and Oscar Robert H. Cristobal); require respondents Comelec, Garbin, Armogila, Rosal, and Cristobal to file a consolidated comment within 10 days from notice; and issue a status quo ante order requiring the parties to observe the status quo prevailing before the issuance of the Comelec resolutions. Armogila and Rosal were candidates for councilor and mayor of Legazpi, respectively, in the 2022 national and local elections. Armogila filed a petition for disqualification against Rosal before the Comelec on the grounds of vote buying under Section 68(a) of the Omnibus Election Code and violation of the prohibition on release, disbursement, and expenditure of public funds under Section 261(v) of the same law. A ’status quo ante order’ calls for a return to previous affairs, which effectively sets aside the poll body’s decision to disqualify Rosal over violation of Section 68(a) of the Omnibus Election Code, or on ‘giving money to influence, induce and corrupt the voters.’ Rosal announced on Wednesday that he filed a petition before the Supreme Court to stop the poll body’s execution of their decision to disqualify her. In a press conference, she questioned Comelec on their ruling which said that she violated a provision on the Omnibus Election Code on ‘calling the decision ‘arbitrary.’ Her husband, disqualified Albay Governor Noel Rosal, insisted that the act in question – the cash assistance payout to tricycle drivers – was not vote buying as it was part of the ‘ayuda’ mandated in Bayanihan 1. The post Comelec to adhere SC’s status quo order on Rosal appeared first on Daily Tribune......»»
Rosal disqualification final, says Comelec
The Commission on Elections on Wednesday certified their 4 May decision to disqualify Carmen Rosal as mayor of Legazpi City, Albay over ‘giving money to influence, induce or corrupt the voters’ as ‘final and executory.’” This comes as no temporary restraining orders were issued by the Supreme Court in the last five days, which would have directed the stoppage of the implementation of the disqualification. The certification was issued by the poll body despite Rosal’s declaration that she filed a petition for the Supreme Court to issue a TRO on the said ruling earlier in the day. In the same document, Comelec ordered the six members of the special board of canvassers in Legazpi City, Albay to declare ex-Ako Bicol representative Alfredo Garbin Jr. as the city’s new mayor ‘within ten days’ after the certification of the decision as final. To recall, Garbin was behind Rosal in last year’s mayoral race in Legazpi City with a slim margin of only 550 votes between the two candidates. In a message to Daily Tribune, Comelec spokesperson John Rex Laudiangco said that certification will still push through as no TROs were issued. “Per our conversation with the Clerk, there were no TRO issuances and we haven’t received any from the Supreme Court. It’s not automatic that the SC will issue a TRO after filing. It’s SC’s full discretion and authority whether or not they’ll issue a TRO,” Laudiangco said. He also cited an election provision which states that such decisions ‘shall become final and executory after the lapse of five days from their promulgation, unless restrained by the Supreme Court. In a Viber message, Comelec chairperson George Erwin Garcia said that the writ of execution will be issued on Thursday. Meantime, Rosal led a press conference at the Manila Yacht Club before noon on Wednesday where she announced that she filed a petition for the issuance of a TRO before the High Court. She argued that the decision to declare her election offense as Section 68(a) of the Omnibus Election Code was arbitrary. Previously, a decision by the Comelec Second Division October last year stated that she violated Section 261(v) of the OEC, referring to violation of public spending during the election period, with the act in question being the two-day cash assistance payout for tricycle drivers. However, in a Commission En Banc decision on 4 May which affirmed the previous decision to disqualify her, the poll body said that Rosal is not liable under Section 261(v) as she was not a public official at the time. “I reiterate, how can I be disqualified by the Comelec En Banc for vote buying when this was dismissed by the Comelec Division and such issue was not brought up to the Commission En Banc?” Rosal said. Rosal filed the petition before the SC through Attorney Romulo Macalintal. Also present during the press conference was Carmen’s husband, disqualified former Albay governor Noel Rosal, whose situation was similar to hers when he was slapped with a decision to relinquish his position over the same financial aid distribution to tricycle drivers. The petitions filed against Carmen and Noel Rosal, in this case, were both filed by Joseph Armogila. Former governor Rosal insisted that the cash payout for tricycle drivers were part of the country’s then economic assistance program amid the Covid-19 Pandemic dubbed “Bayanihan 1.” Speaking to Daily Tribune, the former governor suspected someone else behind the petitions that led to their disqualifications. “It’s not Armogila. Someone’s behind it. If it’s just him, the case would have been dismissed earlier,” Noel Rosal said. The post Rosal disqualification final, says Comelec appeared first on Daily Tribune......»»